Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller Libby v. Clark — Opinion of the Court

The title conveyed to Hurr by the patent was a fee-simple; that is, it was all the title or interest in the land. No one shared this title, or had any interest in it, and it descended, or would have descended, to his heirs. The restriction on his right to convey did not deprive the title of the character of a fee-simple estate. 'An estate in fee-simple is where a man has an estate in lands or tenements, to him and his heirs forever.' 4 Com. Dig. 1, art. 'Estates.' The limitation of the power of sale for five years in not inconsistent with a fee-simple estate.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Libby v. Clark — Opinion of the Court

J. Meeker, deceased, who labored with unselfish zeal for nearly twenty years among said Ottawas, greatly to their spiritual and temporal welfare, it is stipulated that 80 acres of good land shall be, and hereby is, given, in fee-simple, to each of the two children of said Meeker, viz., Emmeline and Eliza; their lands to be selected and located as the other allotments herein provided are to be selected and located, which lands shall be inalienable, the same as the lands allotted to the Ottawas.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Libby v. Clark — Opinion of the Court

And plats and records of all the selections and locations shall be made, and, upon their completion and approval, proper patents by the United States shall be issued to each individual member of the tribe and persons entitled for the land selected and allotted to them, in which it shall be stipulated that no Indian, except as herein provided, to whom the same may be issued, shall alienate or incumber the land allotted to him or her in any manner until they shall, by the terms of this treaty, become a citizen of the United States
Source: Wikisource

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